Against HOA Rules, How Hard Would You Fight?

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Kimmypie, if it were me, I would probably consult a lawyer and get advice for my specific situation. I would contact my realestate agent, run your question by them and perhaps get a referral to a realestate lawyer. That way I would know what my options were prior to proceeding.

I wish you all the best luck !

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Kimmypie, if it were me, I would probably consult a lawyer and get advice for my specific situation. I would contact my realestate agent, run your question by them and perhaps get a referral to a realestate lawyer. That way I would know what my options were prior to proceeding.

I wish you all the best luck !

I don't really have the resources to talk to an attorney, it doesn't seem like a big enough deal to warrant that. My HOA hasn't shown itself to be tyrannical, in fact most rules are not even enforced. We'll probably start by trying to get 75% of our addition and go from there.

Quote:
Kimmypie, if it were me, I would probably consult a lawyer and get advice for my specific situation. I would contact my realestate agent, run your question by them and perhaps get a referral to a realestate lawyer. That way I would know what my options were prior to proceeding.

I wish you all the best luck !

I don't really have the resources to talk to an attorney, it doesn't seem like a big enough deal to warrant that. My HOA hasn't shown itself to be tyrannical, in fact most rules are not even enforced. We'll probably start by trying to get 75% of our addition and go from there.

I had another thought. It sounds like you have been contacting the HOA ans they have failed to respond. I wonder if you could send a certified letter that says something like 'gee, I have contacted you several times about this matter and I am thinking that you guys are ok with the chickens since you have not responded. If I don't receive notice back from you by such and such a date I am going to assume that you agree with me that chickens are common pets and take that as permission to go ahead with my chicken poject'. Be super sweet and gracious in the letter and include signatures of all of your immediate neighbors that they welcome the chickens. Just a thought.

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Gosh Sonoran Silkies, you should count yourself lucky and blessed that you live in such a neighborly community! I guess everyone's personal experiences vary from one person to the next.

I DO live in a very neighborly community, but my comment was based upon the fact that the OP was concerned about the safety of her children. Denying that request would put the HOA in an extremely liable position--regardless of the neighborlyness or lack thereof, NO HOA wants to assume liability by denying that kind of request, especially when the person requesting the approval is willing to concede on things like style and colour and any other non-safety issues. In general, HOA board members are covered by their insurance for the decisions they make. HOWEVER, if they make a decision that is NOT a reasonable business-like decision, they are NOT covered, and can be held PERSONALLY LIABLE. Denying a safety request is not likely to be viewed as a reasonable business decision. Now, if they can show that the request is NOT a real concern (say the porch was hundreds of feet from a street), that could be determined as not a safety issue and thus a reasonable business decision, but I am assuming that the OP's concern is real and reasonable, not manufactured.

Hi all, haven't posted in forever but this thread sparked my interest.
So the question is how hard would one fight? Well, I just took my HOA, the Board of Directors AND the Property Owners Association to court regarding my hens.
The HOA and BOD said I wasn't allowed them. I told them I'd see them in court.
Guess what? I won.
There's so much to this story, but this is the extremely condensed version of it.
We also wasn't allowed chickens but according to the DCCRs, as long as we were active in a 4H program, we could own chickens.
The BOD decided that as we considered them pets (they sit on my lap and watch TV) we had 14 days to get rid of them.
So I sued. Could've really ripped them apart and asked for damages too, but I just wanted my attorneys fees reimbursed. Going to court is costly!
So keeping fighting the good fight. I'm now proud mama to 16 hens, 1 rooster and 2 guineas.
Never stop pushing. It should be everyone's right to have hens if they want, nothing better than cracking open an egg that was laid that day!
Good luck to those still fighting

I have just recently started raising chicks, and my POA rules state no poultry.

I did like others on this thread and just decided that since the rules list more rules that are being broken and not enforced than ones that are followed, I just said I am going to do it.

I am even a current board member in the POA, though I am most likely not going to run again as my term expires this summer.
In my 5 years of being on the board, not once has anyone even suggested being able to fine someone for not following the rules. All that is ever done is basically a stern talking to.

So I guess I will just wait for someone to tell me I cant have them, tell them "ok" and go right on about my buisness.

We only have 4 chicks right now, and a tractor coop in the back yard ready for them.
Dont have plans for any more, but I keep hearing about this "chicken math"

I would never ever, ever live anywhere with an HOA. Good luck to you folks that live in the suburbs and want chickens.

I guess I never updated this because the thread got buried years ago. A friend of ours also wanted chidkens and got on the HOA board and helped change the rules. Now anyone in the neighborhood can have chickens and i know a lot of people that do. We don't live there any more, but we still have our chickens in our new place. No HOA here (yet) but I'm sure it won't restrict poultry as the majority of the residents have at least chickens. Many of my neighbors have horses, goats, pigs, turkeys, etc.